Speaking Tuesday on Fox News, Judge Andrew Napolitano explained that Central Intelligence Agency Director John O. Brennan’s admission that the CIA spied on the Senate Intelligence Committee indicates President Barack Obama either has committed an impeachable offense or was “out to lunch” in regard to controlling the intelligence agency.

Napolitano, an RPI Advisory Board member, argues in the interview that the admitted spying “violates the Constitution per se” and that Brennan’s denial of the spying in a briefing of Senate Intelligence Committee Chairman Dianne Feinstein (D-CA) may make the CIA head prosecutable for lying to Congress.

Regarding Obama’s role in the CIA’s Senate spying, Napolitano elaborates:

… if the president did not know about this, he’s out to lunch. And, if the president did know about this and permitted it to go on and did nothing to stop it, he probably has committed an impeachable offense by authorizing and permitting his agents to spy on his adversaries in the Senate.